The Hot Springs star. (Hot Spings [Hot Springs], Dakota [Dakota Territory, i.e. S.D.]) 1886-189?, 1887-12-02
AN OPINION
BY tie Attorney oeneysl on the Land

Grant Law.
WASHINGTON, NV. cS.-An important
opinion by the attorney general, on the CON
etructicn Of sections 3, 4 and s Of the ect of
March 3, 1885,, passed ito provide for the ID.
iustmcns Ct land grants made by congress to
aid In the construction ct railroads, AMI for
the forfeiture Ct u;earnci lanis, and other
puspcses," Was made pubic last night. The
Opinion is sivrn In reply to questions asked
hy the Secretary CT the iate!ios. I'he opinicn,
In substerca, is as folie VS.:
The FIRST g. c.icn OF the act named directs
the &c istn,snt OF grants.
The second section provide for the rsetora-
ton OF title to The United States where ianus
been crroneuusiy certified G. patented to
railroads.
The third section Is: "That II, in the al
stment Of said grants, 1t stsil appear tna'
The homestead or pre-cmrt!on entry Of any
iona ii lie settler has been enormously cin.
called On account of any railroad grant, or the
wtthd avail OF pu.:i;c lands from the market,
each settler, upon application, shall BE- rein
stated In a.l MS RI his and s!!owcd to perfect
his entry b: complying with the public lard
laws; provided. that he hrs not loca,cd an.
other claim, or made an entry In lieu Of the
one TO c'ronoeu sly csrceilcd; AID, provided,
also, thGt he did not voluntarily abandon euid
original entry; and provided, further, this. IL
any OF The settlers co not rcl ex their appli-
cation 10 be rcinstated within a 'lessoLa able
time, TO be ispa by lie SECRETARY of the in.
terror. t.:sI all slcl uacla!m.u lar d. shall be
dis oosed Of uudtr tie rua.!cf land laws, which
priority CT right shah b: given to BONA i;d.
purchasers Of sp!G Guclxim,I !snia, II any,
and II there be 10 sue, purchaser, taen to
iona fide settlers residing t,rrson."
The question submitted un,!er The ecctiop
was:
WHAT ella 's OF purchasers Is referred to by
the expression lona Tide purchasers of eeti
unclaimed lands?
The Encouragement says:
The rights Of TIE several clasststc the land
referred. 10 In the section ars successive lii The
order stated thc:ela. First IA ri.s, is The
iohsesfs a.ier or Presumption %ss.ticr, who's
entry has been w%roisf,sly cancelled. II he
elec's TO assert his ri.sh,, AMI has net hee..
di disqualified ~ locating anc.h.r Claim, or
making snothor entry in lieu IL that crr.n.
eously cancelled, his Fight is absointe, :,.n
the successive rights Of the veIaa:: i,g tw,
Glasses csi,t.t tt,t eli Il he lawfully asserts
his claim. II he fail 10 81 IL the LAID, CT is
disqualified under the act, the second class o.
persons, gho ore the Oona tiie purchasers OF
the land unclaimed By him, attach ard have
precedent ever the third c'aes. The bona d 81
purci ascrs here referred to are these who,
without krowltdgc Of wrong or error, have
purchascd from the railroad G ln1any i!.,auss
which havc'bten previously entered by the
pre- cmptson Or iion.css"ai settler, wl,nseentrY
has been enormously cen"e'le,L, ani wA:ci.
Ian: the .'rc.t,:,i tienc, ioncst.a,. ftttisr Gil
not a'ci 10 c.,l I'm ;f,ir Tie recovery by tit
proceedings prescribed b. the second section
Of the act.
The second q~,sstion w5s:
Can the department, sftcr the a5iu, tmcut
Of u gait, IL W Il psicit 10 ii Iurci.Ager OF
such land te,orc said laad. had been recon
vcytd by ME road or title rccuy, red b. /, .d:c:a.
i.rocecdinsfs
In rely to his III a'tcrNey.garcral says:
Until tee lapds shat :iav. been lesg:.! y &c.
tcrInined 10 tuion., TO H.. Ulit.d Safes ii.c
right to issue patents u:Icr HE fourti, s.c.
lion doue E"i a:!sr. l patents siin,.'i ;ss:i.
u'a = tic fourth secs:n.. b fore tie ieecuvvy
ancc or j ll!cisl re ,.e.y M,.,:cr the ssuop;i,
and EraGaeiiat f shau'i ;;.ca be- Instituted 10
csnce! the pstcl. i.surl 10 the railroad, IL
case Of . dc. ioa aivsrs. I, the %ov.rnn.cn
two ! atents would he ~ -s,a.diag at the same
time for tie sstue lard.
III. ihir; Question vast
The 9Th .ectiun ~ "a act lr,v,dc. taa.
"htTe a railroad G. IN. AZ; has sid laa ds not
oof.Ncye! t. G: for TIE rss u such CON ans.
AID where arcsi Lands FIR aHy rte ssn exc.;tc;:
from tie cparitic;e of t:.a grant Of sad q III.
paay, 1t sal lie iis III: f.t tie bona :idn ,!ur-
chaser thereof f.eG, said company 10 lnasc
psyinc.ts to the U.issi states Cor 81. LARD,
and thu u patsn:s sbsi, is.as t~nere:a. t.
eaid bona iae purchaser.
The question submitted un,fcrtl,s eec.:er.
Is, whethsr the :rosiso last qlot 4 s. cor Il: ca,
in 1T al APPLICATION ~ ]a,tis w.,.lsi inc %r..ia.,
granted :~i'aiss, or whether 1t ap.!e 10 tle
lands within III. %ln,.e.m.ity limits of ". lex.
sl'e Company f.si made seicc;icn, IN. wni.i,
his ncs hccn approved
Tie a to%rnty-geEeral ssys:
The first section of the ,c; In the use Of the
word grant, ,uust have necessarily, inc'.ieo
both the primary and indemnity iimits in adj
tiSts ont. MS II Nas lmb.;ass i,f.r1t ii Tho.